Transfer:
“Yes”… and “No”. The legality of copying, converting, digitizing, or even duplicating VHS to DVD or VHS to Digital comes down to the interpretation of the concept of ‘fair use’. One way to summarize the idea is that a consumer who owns a VHS tape has the right to watch it. That seems fair, right?
Real life, of course, sneaks in with gray areas. Some examples:
- What if I want to watch my VHS video through my DVD player?
- VHS players are no longer manufactured and mine is broken?
- Can I borrow a VHS tape and make a DVD conversion?
- What if my VHS is under copyright?
- DVDS of my video are available, but are too expensive.
I Want to Play My VHS Video Through My DVD Player
After collecting VHS tapes for many years, suddenly VHS players are no longer manufactured and used ones are wearing out and becoming more and more expensive if they can be found at all. Naturally, you’d like to be able to keep watching the videos that you own.
In general, under the fair use idea, you can convert the videos that you own into a format that allows you to use the videos as originally intended (by the seller), for personal use. But, is it worth it?
- Do you have the expertise and equipment to do so?
- Is the video currently under copyright?
- Does the current copyright holder offer the same (exact same) video for sale?
Most people don’t have the expertise or equipment to make a converted video with reasonable quality at a reasonable cost, or just don’t have the time. A third party service may be used, but there are restrictions.
If the video is under copyright, then the only scenario under which it can be converted is for personal use. In other words, extra copies cannot be made to give away or sell, potentially ‘stealing’ the product from the seller. A copy can only be made for the owner’s personal use. Neither the DVD/Digital copy nor the original VHS tape can be sold. The owner simply retains the right and the ability to continue watching the video.
If the current copyright owner offers the same (exact same video) on DVD or Digitally, then a third party may not be used. Effectively, the third party is producing a video product that is being ‘pirated’ from the rightful copyright owner. The video owner can do this for themselves, but a third party is not allowed. Practically, DVDs sold by the copyright owner have been produced and remastered at a cost of hundreds of thousands of dollars and are a better quality than a converted VHS tape anyway, and often cost less than a third party charges.
This is the fundamental idea behind the restrictions that prohibit renting VHS tapes with the intent of making copies (more VHS tapes or converting to DVD or Digital). Anybody remember Blockbuster?
VHS Players Are No Longer Available
This is exactly why the gray areas exist. Because VHS is a virtually unusable medium, ‘fair use’ evolved as a legal concept so that owners of VHS tapes have a viable path to continue watching video that they own. Fair use does not open the door to making copies to sell or to sell the original after making copies.
Can I Borrow a VHS Tape and Convert to DVD
While this seems like a perfectly reasonable option, fair use and copyright laws prevent this practice. It is one thing to lend a video to a friend, it is another to give a friend a copy would have potentially purchased the video.
My Video is Under Copyritght
Copyright laws are intended to protect the investment of the inventor and producer of a product from being copied in a way that reduces the owner’s return on investment. If you have a video under copyright, then copies can only be made for the purpose of personal use, not for gifts or sale.
DVDs Are Available but Are Too Expensive
Sometimes, the copyright owner has DVDs for old videos that were previously available only on VHS and the prices are very high because of limited quantity or high demand. Unfortunately, since these are still under the copyright laws and a third party cannot legally duplicate or convert them even if is cheaper than the manufacturer’s prices. These can still be converted by the owner for their own personal use as long as the copies or the original are not sold.
Legally Convert VHS to Digital: Next Steps
- Call or text Jamey (About Jamey) at 720 204-5464.
- Set an appointment (every project receives my individual attention).
- Drop off your tapes (and records, cassettes, slides, or negatives, too). Check Pricing!
In a week or less, pick up your new digital conversions.
Disclaimer*
This article is not intended to be legal advice, but simply the author’s pragmatic understanding and the applicable good faith business practice. If you have any questions about the legality of converting your VHS tapes, an attorney is required.
